Board of Alien Labor Certification Appeals (BALCA)

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BALCA Affirms Denial, Finding CO Not Required to Review BNL Letter First Submitted with Request for Reconsideration(81 KB - 1/4/2010)
BALCA affirmed the Denial, finding that because a Request for Reconsideration may not include “evidence not previously submitted,” the CO was not required to review the Business Necessity Letter first submitted in the Request for Reconsideration. Matter of Dr. Haig Rickerby Dental Office, 2009-PER-00197 (10/30/09). AILA Doc. No. 10010467.
BALCA Reverses, Finding Denial Based on Omissions Arbitrary and Capricious Absent Explanation by CO(83 KB - 1/4/2010)
BALCA reversed and found a denial based on omissions arbitrary and capricious, absent the COs explanation of the materiality of the omissions. However, the Board did emphasize the failure to file a complete application is a ground for denial. Matter of Ben Pumo, 2009-PER-00040 (10/29/09). AILA Doc. No. 10010465.
BALCA Vacates Denial and Returns to CO based on imprecision of Audit Request(107 KB - 1/4/2010)
BALCA vacated the CO’s denial and returned it to the CO for further processing, finding the audit request was not precise in its reason for requesting a PWD, and the employer may have assumed a new PWD was being requested, not the one submitted prior to the filing of the application. Matter of Galaxy Studios, Inc., 2009-PER-00221 (10/29/09). AILA Doc. No. 10010464.

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